11.07.2015 Views

Statement of Licensing Policy (2008) WCC - Westminster City Council

Statement of Licensing Policy (2008) WCC - Westminster City Council

Statement of Licensing Policy (2008) WCC - Westminster City Council

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

3.1 Conditions on licences3.1.1 The <strong>Licensing</strong> Authority will not impose any conditions, apart from the mandatoryconditions on the sale <strong>of</strong> alcohol and on the exhibition <strong>of</strong> fi lms (revised Guidanceparagraph 10.44 -10.64), unless its discretion has been engaged following the making<strong>of</strong> relevant representations and it has been satisfi ed at a hearing <strong>of</strong> the necessityto impose conditions due to the representations raised. It will only impose suchconditions as are necessary to promote the licensing objectives arising out <strong>of</strong> theconsideration <strong>of</strong> the representations (revised Guidance paragraph 10.1.). Conditionswill be focused on matters that are within the control <strong>of</strong> individual licensees and willcentre on the premises and the vicinity <strong>of</strong> those premises. The primary focus will beon the direct impact <strong>of</strong> the licensed premises activities on members <strong>of</strong> the publicliving, working or engaged in normal activity in the area concerned (revised Guidance,paragraph 13.17).3.1.2 Where existing legislation already places certain statutory responsibilities on anemployer or operator <strong>of</strong> premises these will not be duplicated as conditions. However,these general duties will not always adequately cover specifi c issues that arise onthe premises in connection with certain entertainment, and in these cases additionalmeasures in the form <strong>of</strong> conditions will be required to promote the licensing objectives.3.1.3 Conditions include any limitations or restrictions attached to a licence or certifi cate,and are essentially the steps the holder <strong>of</strong> the premises licence or the club premisescertifi cate will be required to take when licensable activities are taking place at thepremises in question.3.1.4 The <strong>Licensing</strong> Authority will not impose conditions which replicate matters thatconstitute the <strong>of</strong>fences set out in Part 7 <strong>of</strong> the <strong>Licensing</strong> Act eg unauthorisedlicensable activities; allowing disorderly conduct; sale <strong>of</strong> alcohol to any person who isdrunk or is underage. Nevertheless, the <strong>Licensing</strong> Authority will take into account anybreaches <strong>of</strong> conditions and <strong>of</strong>fences under the <strong>Licensing</strong> Act when considering theimposition <strong>of</strong> conditions in reviews and the variation <strong>of</strong> licences.3.1.5 When granting variations to licences, the <strong>Licensing</strong> Authority will apply conditions toreplicate the effect <strong>of</strong> previous undertakings where relevant to the premises and thepromotion <strong>of</strong> the licensing objectives.82

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!